John Carrigan, Jr. and Janice Sued Agresti spoke with SHRM about the impact of ChatGPT in the workplace.
With ChatGPT and other artificial intelligence technologies transforming how we live, work, and create in the 21st century, the legal challenges AI presents are evolving at breakneck speed. Set against the backdrop of a developing regulatory landscape and raising novel issues spanning technology, privacy, intellectual property, and employment law (among other areas), these challenges can catch even the savviest of AI users and developers by surprise. Cozen O’Connor’s Artificial Intelligence practice draws on the experience of an interdisciplinary team of legal advisers to meet our clients’ needs in this dynamic space. This breadth of experience allows us to anticipate and address the full spectrum of unique issues both developers and users of AI and machine learning technology are facing.
Our team stands ready to assist a range of clients, including developers and providers of AI platforms, subscribers and business users of AI platforms, creative agencies, software developers, and others that leverage, embed, or integrate with AI and machine learning tools. Whether you use AI in your business or AI is your business, we can help you navigate this largely uncharted territory.
For example, when structuring and negotiating transactions for the development, licensing, acquisition, or use of AI tools, clients can rest assured that our interdisciplinary team is tracking all of the issues at play, including privacy, legal and regulatory compliance, intellectual property rights, and risk allocation. We can also help organizations comply with industry and regulatory AI frameworks relating to privacy, safety, accountability, and absence of bias.
Our AI practice includes labor and employment attorneys who can help employers develop policies and guidelines concerning employees’ use of AI tools (including ChatGPT) throughout the workplace. Our employment litigators are prepared to defend employers against AI-related lawsuits, such as those alleging bias from AI use and/or class and collective actions alleging violations of laws governing the use of AI for human resources functions. On the traditional labor side, we expect AI use to be a hot topic in union negotiations for the foreseeable future, and our team is prepared to negotiate such issues and to address NLRB charges alleging Unfair Labor Practices such as a refusal to bargain over AI use. These are just a few of the many areas of intersection between AI and the workplace that we help employers navigate.
Additionally, we stay on the cutting edge of IP-related issues surrounding the use of AI tools, such as transformative fair use and potential claims of copyright infringement. Our patent team has experience drafting and prosecuting patent applications covering AI-implemented inventions, including generative AI inventions. And we closely track the rising tide of trade secret implications associated with AI use.
Perhaps in no other area has the legal and regulatory environment been so unsettled while the underlying subject matter evolves at such a dizzying rate of speed. This makes nimble, creative, and savvy counsel a must, and these qualities are at the very core of Cozen O’Connor’s identity as a firm. With our carefully curated AI team’s capabilities spanning transactional, regulatory, intellectual property, and litigation experience in multiple disciplines, Cozen O’Connor is a one-stop shop for advice and counsel on maximizing the business benefits of AI while minimizing the attendant risk.